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that is cooked served packaged or otherwise prepared at the request of a customer for <br />immediate consumption with no heating cooking or other preparation required after sale <br />to be safe for human consumption." <br />SECTION 5. Chapter 20, article 5, of the Hawaii County Code 1983 (2016 edition, as <br />amended) is amended to read as follows: <br />"Article 5. [ <br />Disposable Plastic and Polystyrene Reduction. <br />Section 20-05-01. Prohibition. <br />[Food providers and County faeility users are prohibited from providing-feed4n <br />Any food provider. County facility user or organization hosting an event with <br />County grant funds may not sell distribute use or otherwise provide to the public: <br />(1) Disposable foodware made from polystyrene or plastic; or <br />(2) Disposable serviceware made from polystyrene or plastic. <br />Section 20-05-02. Use of [reeyelable] reusable or compostable [food—aerv=«a-arti] <br />foodware and serviceware required. <br />[ <br />] <br />Any food provider, business or County facility user selling, distributing, or <br />otherwise providing prepared food to the public shall do so using disposable foodware or <br />with disposable serviceware that is CMA-certified or visibly labeled as compostable with <br />a BPI certification mark or foodware or serviceware that is reusable. <br />Section 20-05-03. Exemptions. <br />(a) The following are exempt from the provisions of this article: <br />(1) [ i'i;] Pre -packaged <br />foods; <br />(2) Coolers and ice chests that are intended for reuse; and <br />(3) Food packaging for raw: meat; poultry; seafood; and eggs that have not been <br />further processed. <br />(b) County facility users and food [venders:] providers. <br />(1) The director may exempt a food [vender] provider or County facility user <br />from the provisions of this article, in a situation where compliance with the <br />terms of this article would result in undue hardship. The exemption shall be in <br />place for a period of time not to exceed one hundred eighty days. <br />(2) Undue hardship includes, but is not limited to, situations unique to the food <br />[vender] provide r or County facility user that generally do not apply to other <br />persons in similar circumstances. <br />10 <br />